Despite earlier promises that he would not impose vaccine mandates, President Joe Biden has issued executive orders requiring federal employees and contractors as well as Americans working for businesses with more than 100 workers to receive a COVID-19 vaccine with few exceptions.
Arizona Attorney General Mark Brnovich, a Republican, has responded to those mandates with a lawsuit seeking a temporary restraining order and preliminary injunction to block them on constitutional grounds.
“It can never be undone”
Thus far, the Occupational Safety and Health Administration has not issued an emergency rule requested by the president that would implement the mandate for private businesses.
As for Brnovich’s request, he issued a press release explaining that he was motivated by a desire to protect millions of Americans from having their rights violated while a related lawsuit works its way through the judicial system.
“Once a vaccine has been administered, it can never be undone,” he asserted. “The COVID-19 vaccine mandate is one of the greatest infringements upon individual liberty, federalism, and the separation of powers by any administration in our country’s history.”
The attorney general went on to confirm that he recently amended a complaint initially filed in federal court last month to include additional claims related to Biden’s imposition of mandatory vaccines on most federal employees and contractors.
As the Epoch Times reported, Brnovich’s lawsuit argued that the federal mandates violate the Equal Protection Clause of the U.S. Constitution by discriminating against Americans required to receive a vaccine while showing favoritism to undocumented immigrants who face no such requirements.
Brnovich defends his position
In addition to that position, he also contends that the Biden administration lacks the legal authority to impose vaccine mandates on anyone and violates multiple statutes by doing so — including one recognizing the right to refuse medical treatments.
His 54-page complaint laid out a total of 11 distinct claims to defend his position that the court should issue a temporary restraining order and preliminary injunction against Biden’s mandates.
In addition to the aforementioned Equal Protection Clause, Brnovich insists that the federal mandates violate the Procurement Act, the Emergency Use Authorization statute, the Due Process Clause of the Fifth Amendment, and the Tenth Amendment’s concept of states’ rights.
The lawsuit also includes five claims related to Biden’s immigration policy — specifically certain statutes regarding mandatory detention and limited parole of migrants caught entering the country illegally.
It remains to be seen how the Biden administration will respond to the lawsuit as well as whether any other GOP-led states will follow suit with challenges of their own.